§1328 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Administrator can allow the controlled discharge of certain pollutants for an approved aquaculture project, but only after public hearings and under Federal or State supervision under section 1342. The Administrator must write rules and guidelines to run this program. Those rules must use the same permit criteria, factors, procedures, and requirements from section 1342 as needed to meet the law’s goals. A State may run its own permit program for these aquaculture discharges if it sends the program to the Administrator and the Administrator finds it adequate to meet the law’s goals.

Title 33, §1328

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The Administrator is authorized, after public hearings, to permit the discharge of a specific pollutant or pollutants under controlled conditions associated with an approved aquaculture project under Federal or State supervision pursuant to section 1342 of this title.

(b)The Administrator shall by regulation establish any procedures and guidelines which the Administrator deems necessary to carry out this section. Such regulations shall require the application to such discharge of each criterion, factor, procedure, and requirement applicable to a permit issued under section 1342 of this title, as the Administrator determines necessary to carry out the objective of this chapter.

(c)Each State desiring to administer its own permit program within its jurisdiction for discharge of a specific pollutant or pollutants under controlled conditions associated with an approved aquaculture project may do so if upon submission of such program the Administrator determines such program is adequate to carry out the objective of this chapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1977—Subsec. (a). Pub. L. 95–217 inserted “pursuant to section 1342 of this title” after “Federal or State supervision”. Subsec. (b). Pub. L. 95–217 struck out “, not later than January 1, 1974,” after “The Administrator shall by regulation” in existing provisions and inserted provisions that the

Regulations

require the application to the discharge of each criterion, factor, procedure, and requirement applicable to a permit issued under section 1342 of this title, as the Administrator determines necessary to carry out the objectives of this chapter. Subsec. (c). Pub. L. 95–217 added subsec. (c).

§1328 Aquaculture